Briscoe v. McElween
Mississippi Supreme Court
Error to the circuit court of Claiborne county. Smiley, J. The facts are fully sjtated in the opinion of the court The admission of the plaintiff in his declaration in the court below that, at the time of distress, he did owe a part of the money, which had been distrained for, destroys his claim for double damages.
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Error to the circuit court of Claiborne county. Smiley, J. The facts are fully sjtated in the opinion of the court The admission of the plaintiff in his declaration in the court below that, at the time of distress, he did owe a part of the money, which had been distrained for, destroys his claim for double damages. Rev. Code, p. 341, art 10; N. Y_ Dig., p. 712, case 12; Taylor’s Landlord and Tenant (5th ed), p. 155, § 732. Rent service was the only kind of rent known at common law, and the right of distress was incident thereto. Taylor’s Landlord and Tenant, 420, § 559. Rent is a certain…
1Opinion of the Court
Tarbell, J.:
This is an action of trespass brought by R. H. McElween, in the circuit court of Claiborne county, in 1868, against Eli C. Briscoe, to recover damages for an alleged unlawful seizure *560by distress and sale of personal property of plaintiff for rent, under art. 3, sec. 1, Chap. XLI, Rev. Code, p. 340.
The declaration contains four counts, complaining in substance : 1st. That no rent was due. 2d. That Briscoe did not have sufficient cause to suspect or believe that McElween would remove his property from the demised premises before the rent would fall due, so that no distress could be…
2Cases cited3 opinions
- Whipple v. Cumberland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1843
- Vanzant v. JonesCourt of Appeals of Kentucky · 1835
- Clark v. FraleyIndiana Supreme Court · 1833
3Cited by4 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Storm v. GreenMississippi Supreme Court · 1875
- Allen v. Smith Bros.Mississippi Supreme Court · 1895
- Brooks v. CunninghamMississippi Supreme Court · 1873